Seanad debates

Wednesday, 7 July 2010

Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage

 

6:00 pm

Photo of David NorrisDavid Norris (Independent)

In that case, I will return to these issues. However, I must address one matter to which the Minister referred, that is, the decision of the Supreme Court concerning a de facto family. I found the judgment of Mrs. Justice Denham surprising. In any event, I believe it has been overtaken by a recent decision of the European Court of Human Rights. The Minister will know better than I do that since the absorption into Irish law of the European Convention on Human Rights, a citizen can seek a declaration of incompatibility. It seems to me very clear that the Supreme Court view would be incompatible with the most recent judgment of the European Court of Human Rights which clearly states that there is in existence a de facto family.

With regard to the rights of the natural father, the Minister is absolutely right. I wish something could be done about it but the Cathaoirleach will say, perfectly appropriately, that this is not the place to do it. The natural father has virtually no rights whatsoever. Mr. John Waters has been properly eloquent on this subject for many years. I have supported him in this, as I have supported my colleagues who say one should consider the rights of housekeepers, siblings and so on. I was the first person to raise this and I got certain ameliorations of that situation from the then Minister for Finance, Deputy Charlie McCreevy. However, it is a separate issue and I saw it as such. It is now muddying the waters.

I have many other comments but under your direction, a Chathaoirligh, I will save them until amendment No. 37, except to say this is developing into a mature and interesting debate. The Minister, in particular, has been extraordinarily helpful in illustrating how very complex these issues are. They are not simple or easy to separate and I absolutely agree with him on that. However, if we are not able to accept in good faith the view of the Law Reform Commission and the Equality Authority, even after it has been disastrously politically tampered and interfered with, we are in trouble because we are not going to trust anyone at all.

The Minister will understand the human situation of people. I am sure he says, in all good faith, that this is not the appropriate Bill and we should wait for the Law Reform Commission. These matters have been pushed into so many commissions and long-fingered. We were told the Adoption Bill was not appropriate and we should wait for the Civil Partnership Bill. I refer the Minister to Seanad debates of March 2009, May 2009 and March of this year.

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